the arrest. online posting purporting to be ibrahim denies he is in the country. but the fact that libyans are still fighting each other a year after the overthrow of gaddafi is shaky how the country remains. the ambassadors leaned others are thriving. continuing our probe of benghazi gate. investigating how and why our people died. we speak to the sister of one of the fallen heroes. here is craig. >> i got a phone call from his roommate. he didn't want the alarm me, but he couldn't get in touch with glen. >> former combat decorated navy seal, paramedic, sniper, glen doherty is beginning a three-month stint with benghazi in the deadly 9/11

attacks. >> tell me about the company he worked for. how did he get the job and hook up with them? >> glen was a private security contractor. still under the government equilibrium. a loequilibrium -- government umbrella. you are still working for government of the united states of america. >> 4 #-year-old soldier of fortune has 17 years military experience serving in iraq and afghanistan. in 2003, glen was positioned as a rooftop schneider when the u.s. commandos rescued the captured g.i. jessica lynch. katie is glen's sister. >> in libya, he went there to collect weapon tas were left over from the war. in any small country, when something happens, you know, these guys will be called in for backup.

it wasn't his job to answer the call. >> he worked for a little flown security firm according to the testimony hired based on expendency. katie told me how glen, civilian, nevertheless gave his life for his country. >> he was not there working for the consulate. or for ambassadorsteistevens. >> just the fact that stevens came in from tripoli and there wasn't enough security. >> that night, my belief was it was the fact that nearby, anybody and everybody was nearby called in for support. >> according to the various sources this is five u.s. agents. four local men securing the compound. when the massive attack began. ambassador stevens and others were escort it to barricaded building in the compound. unable to penetrate it, frustrated intruders had diesel fuel, ig noting oily fire trapped inside and somehow separated from the

colleagues. ambassador stevens died of smoke inhalation. heroically, glen and another former navy seal ty wood managed to evacuate survivors fighting to a nearby safehouse known as the annex. >> he was on the roof. remained until everybody rescued from the safe house. because of him, all the people are still here today. then unfortunately, mortar fire was extremely accurate. >> tillekilled your brother and another sniper. >> yep. >> it doesn't sound like a spontaneous attack at all. >> no. from what i heard, it was well planned an well executed. it was not a bunch of angry protesters. >> news of the attack quickly spread. cbs news broadcast bloody scenes of the aftermath as kathety and family and friend

tried to contact glen. there were military personnel at the house. that wasn't what i want to hear. >> describe that. what did you hear? >> you know, i was just devastated. >> the news you didn't want the hear that you thought you might. >> i never thought i'd hear it. maybe it's a coping mechanism. i never thought. you know, 17 years. he always came back. >> glen doherty remains were received by president obama and secretary clinton and given full military honors. as the scandal known of benghazi gate is debated, glen's sister katie has deep regrets that the death of the brother and the brave colleagues have been politicized. >> glen did this for 17 years. he worked under the democrats. he work under the republicans.

if it were up to me, i'd rather they use their energy finding the people who did this. >> are you resentful or other family members recentful there wasn't more security there. your brother would be alive if there were? >> he is a hero and he saved people. i can't think about what could have been. i will hold on to 42 amazing years. >> politics aside, touching tributes have been paid the adventurous warrior with the infectious smile. with the lives of his friends ahead of his own. to his nephew thomas and jack, glen will be the cool uncle. now a national hero. >> what do you remember about him. >> one thing when i was scared, i always thought of my uncle because he reminded me to not be scared. >> he meant a lot to us. >> he is a hero.

always remember him that way. >> yeah. >> hero for sure. amazing, impressive how katie the sister refuses to politicize the tragedy or anyone but killers. >> the main focus is concerted effort to catch those responsible for the attack on embassy. assure the embassies throughout the world are safe. so it doesn't happen again. >> geraldo: tell me about the foundation she established. >> glen doherty downation established to help wounded warriors and find work for combat warriors without a specific skill set so they don't to go to jobs where jobs put them at risk. >> geraldo: good report. thank you. despite the refusal to politicize the benghazi tragedy it's a holt potato sure to be the focus of monday night's foreign policy debate.

we have our own lively debate. peter king has written the president and secretary of state in his effort to uncover what they knew about benghazi when they knew it. congressman is here at the bottom of the hour. libertarian candidate gary johnson to talk about his role as spoiler few race for the white house. kobe r big news about the folks that gave anna nicole smith drugs that killed her. back in a flash. stay tuned.

you said in the rose guarden the day after the attack it was an act of terror. it was not spontaneous demonstration. is that what you are saying? >> please proceed, governor. >> i want to make sure we get that for the record. it took the president 14 days before he called the attack in benghazi an act of terror. >> get the transcript.

>> he did in fact, sir. let me call it an act of terrorism. >> they louder, candy. he did call it an act of terror. >> geraldo: benj gate will be the lead issue putting aside candy crowley's for taispation. beside from benghazi gate, arab spring to figure prominently. which side has the stronger hand to play? frank keeting, right below me. that is frank. admiral, former democratic congressman joe setsak here. right-hand corber. and mark sanford in the right. you are here in new york. delighted to have you here face to face. i'm one of the few people alive and in this building who believes that the film did play some role.

at least in the timing of this attack. no doubt the administration bungledden evasive, in times, really incoherent. why didn't they tell people what they knew when they knew it? >> security. was it adequate? too many instances at the u.n. office in benghazi. attack the british ambassador that the administration should have addressed the security concerns, the president should have taken responsible for that up front. the second issue is the timeline. you know it's gone back and forth and all. it's not a question that a professional intelligence agency wish they could go back and change part of the initial assessment that was given to the public by the administration. but to the republican led intelligence committee. where there was one eyewitness

among many that say he sawed organized militia there. to believe that general petraeus is not giving the honest assessment with everyone else to what i think is someone to make too much political about the timeline. and even representative thornberry, the republican house intelligence committee said with the intelligence community is what they told the public. more accountability on that issue. >> geraldo: more straightforward, more clear. >> sometimeline, yes. that is also something where we hopefully with the investigations which we must do fiend out why did the intelligence community not include the initial report when it had it. one of many other reports. >> gor, you know, they could have been much more straightforward. didn't they dig themselveses in a hole, political hole that allowed the republicans to dump all over them?

>> no one can watch the video of the former navy seal and not be in a rage. it smells and quacks and waddles like a coverup. the u.n. ambassador are not routinely murdered. we lost four wonderful americans, talented ambassador and three courageous americans. people will watch the clip and others like it and say i want answers. we want answers. this is an assault on america. this is aig deal. monday night and thereafter. >> geraldo: governor, because of the political nature of this and timing of this with the election two weeks away. you democrats pushing back hard at the republican saying the republicans are politicizing this. this evening you have chairman of the senate foreign relations committee, senator kerry issuing this statement. i'll read it. the release of the state

department documents by the house oversight committee exposed the libyan nationals working with the united states to danger. this is irresponsible and inexcusable. it's profoundly against america's interest. have they politicized this as senator kerry and the democrats are charging? >> the nigh nature of the tug of war is politicalization. the real question is there merit to where it's coming from in the viewpoint? if this walks like a duck and swims like a duck, it's a duck. you had the administration come out and go on, their respective go on five sunday shows. saying hey, this is not terrorism.

two weeking later on "the view," is this terrorism? no. we're still assessing. olson at a time that said no, this is terrorism. it took us two weeks to get there. there is certainly the fog of war. grant anybody that. as lindsey graham stated, look this messed up the narrative on terrorism. from on high or further down, people want to cover it up. that is what we have going on. noise on it. >> geraldo: you have in terms of iran. move on. i'll talk more about the benghazi gate with pete king. the iran and nukes the republicans fear the democrats' plan or administration of barack obama plan an october surprise to announce that they will stop the drive to nuclear weapon. white house is denying it.

do you figure it could be october surprisevoing iran? >> for the good of the security i hope there. is get politics out of this. someone to led men and women in war, i support this approach to make them hurt. sanctions, diplomatic and otherwise. before we have to use the militarying ons to get the nuclear weapons. you should have seen the reports. the currency has fallen in value. unemployment skyrocketing. they can't sell the oil. it dropped one-third. yesterday the european union putting more squeeze on them. we have to try to stop them from getting the nuclear weapons. >> geraldo: you would applause one who want to talk? >> absolutely. i proposed it as an admiral in persian gulf. we had small pra to boats. with russia, soviet union and

china, let's make sure we don't have undue indent. >> geraldo: let me get reacting from governor keeting. do you applaud one to one talks or do you think it would be political? >> i think anything to reduce and eliminate that threat is important. we are americans first, republicans second. why did we support egypt and not support the arab spring in syria. why would we support libya and not the arab spring in iran. this appears schizophrenic. monday night should focus on the issue. what is answer and resolution? let's have crayous leadership a action. treading water is not public policy. >> geraldo: all right. governor sanford we'll save your rebuttal or your statement for the next time. out of time. got to move on. rasmussen is showing romney at

48-48. it's close. gallup has it wider. if it's as close as rasmussen says, any vote for the third party candidate will hurt somebody. the third party candidate is next. gary johnson after this. this is awesome! folks who save hundreds of dollars switching to geico sure are happy. i'd say happier than a slinky on an escalator. get happy. get geico. melons!!! oh yeah!! well that was uncalled for. folks who save hundreds of dollars switching to geico sure are happy. how happy, ronny? happier than gallagher at a farmers' market. get happy. get geico.

extra curricular activities help provide a sense of identity and a path to success. joining the soccer team. getting help with math. going to prom. i want to learn to swim. it's hard to feel normal, when you can't do the normal things. to help, sleep train is collecting donations for the extra activities that, for most kids, are a normal part of growing up. not everyone can be a foster parent... but anyone can help a foster child. governor romney says he has a five-point plan. governor romney doesn't have a five-point plan. he has a one-point plan. that plan is to make sure that folks at the top play by a different set of rules. >> i can tell you if you were to elect president obama you know what you'll get. you will get a repeat of the last four years. we can't afford four more years like the last four years. >> didn't last tuesday night

presidential debate remind me of my old daytime talk show? didn't come to a brawl but intense, physical, finger pointing, prowling around the stage by both candidates. tension, drama. to my next guest, what the debate lacked was him. the former governor of new mexico. libertarian candidate for president of the united states. gary johnson. mad as hell he was excluded by the presidential commission on debate. >> great to be with you. thank you. >> geraldo: so you are on the ballot in 47 at least -- >> 48 states. >> geraldo: 48 states. >> worst case in michigan official write-in candidate. >> geraldo: they exclude you because you poll low with the libertarian candidate. all due respect. on the ballot but it shows you between 1-5% national poll. >> the issue really is being included the polls at all. when my name is included 5-6%. i'll point out the of course. do you hear my name six times

evidence time you hear obama name 45 times? no. you hear my name every 5,000 name you hear obama's name. if i was given credit i should be due, i might be the next president of the united states. there would be scrutiny on my recordism would don't this if i didn't have a record to suggest i could do the job. you are not hearing from me let's not bomb iran, marriage equality is constitutionally guaranteed right, end drug war, legalize marijuana. it would have never signed the patriot act or the national defense authorization act. balance the budget now. strong u.s. dollar opposed to the weak u.s. dollar. eliminate income tax, corporate tack. >> geraldo: you are spoiling one of the other candidates' chances. >> it's much to do about nothing. things aren't going to change. we're in deep trouble.

the country is in deep trouble. we recognize it. >> geraldo: but in 2000, you had ralph nader the green candidate. he took 45 votes from al gore who was defeated by less than 600 votes. is that your dream, ambition or nightmare? >> my dream. the notion that the issues would actually come to the forefront and be discussed and debated, as they should be. as opposed to believing that santa claus is going to come or the easter bunny or the tooth fairy. we have difficult problems. the away with the loopholes. crony capitalism is alive and well. both parties have the hands up to sell loopholes. individual group and corporations paying for them. issue pink slips to washington by adopting federal consumption tax. >> geraldo: you are

delightful. >> you're delightful. thank you. thank you. >> geraldo: thank you very much. >> thank you.

♪ [ male announcer ] this is karen and jeremiah. they don't know it yet, but they're gonna fall in love, get married, have a couple of kids, children laughing ] move to the country, d live a long, happy life together where they almost never fight about money. [ dog barks ] because right after they get married, they'll find some retirement people who are paid on salary, not commission. they'll get straightforward guidance and be able to focus on other things, like each other,

which isn't rocket science. it's just common sense. from td ameritrade. woman: what do you mean, homeowners insurance doesn't cover floods? [ heart rate increases ] man: a few inches of water caused all this? [ heart rate increases ] woman #2: but i don't even live near the water. what you don't know about flood insurance may shock you -- including the fact that a preferred risk policy starts as low as $129 a year. for an agent, call the number that appears on your screen. live from america's news headquarters a plea to the obama administration to some of those shot and wounded coming together with the families of those killed in a new vaido. the 2009 attack is classified

as an act of violence. the families of those killed do not receive the same benefits as those killed in combat. and the gunman attacked a family near los angeles killing a father and 4-year-old son. two other children are in critical condition and a woman, said to be their mom is recovering from multiple gunshot wounds. investigators think he may have set his own home on fire. neighbors say he was facing eviction. . now back to "geraldo at large large." >> tell them not to shoot us. don't shoot us. don't shoot us. >> the real danger here is the

crazy kids with machine guns. they have no discipline in combat. at all. they are firing randomly. that is the real danger. >> the libyan militias are generally speaking the worst fighters i have seen in combat. heavily armed with weapons looted from government arsenals. many of them escaped criminals and radicals. they were utterly incompetent. retreating at the first sign of retais tans. what they excel at is murder. exactly a year ago today, torturing and killing their former dictator and others including his son. islamic bully, my sha bully mile the streets because there are no police to oppose them. they grew more anti-american, ambassador stevens grew more concerned but washington did not respond. that security failure must be explained. but several sources now report that the planning and

preparation for the september 11 attack by the sharia militia response i may have taken only several hours. often defended the ambassador and -- undefended ambassador and consulate were targets for thugs an gangsters. join megathe man leading the charge to find out what happened, who knew what men, when it comes to benghazi gate, the chairman of the house homeland security committee congressman peter king. congressman, welcome. tell us about your efforts to have anwar alsharia the militia group that carried out the attack designated foreign terrorist organization. >> yeah, becoming more and more clear that they are the involved. primarily in the attack on the consulate. and my point was, i sent a letter to secretary of state clinton if it turns out they are the ones involved. and it seems they were the

ones behind it. the significance is it allows the government to use only weapons of our disposal to go after them, financial, legal, confiscate property. >> it would make it illegal for americans to be involved in the organization in any way as far as the bank transfers or anything like that. >> geraldo: what about taking them out? what is your advice on that? hit them with a drone strike? send in marines? leave it to the libyans? how do you see it congressmanbe? >> first, i don't think we can leave anything to libyans. there is as a practical matter there is no real libyan government. not necessarily their fault. gaddafi was a dictator for all the years. thaw are trying to rely on

libyans. if we can use them to help us, fine. we have to do whatever we have to do. be careful what we say. i believe we have the right and obligation to do that just like we took out bin laden and al-awlaki. >> geraldo: putting aside very important issues. i admit these are very, very important issues. lack of security. failure of intelligence. the fact that the story changed that the administration evolved in the explanation. is it entirely logical and possible to assume, congressman, that the film did play a role in initiating the militias action against our people in benghazi after all? as this, as the anarchy and the violence spread throughout the muslim world based on the viral nature of the anti-muslim film, the militia with this qatala and the terrorist who heads up the

group, got the inspiration to carry out the attack and in several hours took 200 or so heavily armed people they had and said you go that way, muhammad you go this way, we'll go that way and kill americans and cause as much destruction and damage as we can. >> i would say that is a slight possibility. maybe. periphery. one way to answer this. what the administration should do, i call on them now, they should release and take out any names they want to for security reasons. all of the cables and correspondent and e-mails and contacts. that went back and forth between benghazi and washington. everything within the cia which was known. whether or not several days prior to that, they did have any advance notice that this attack was coming. different reports from people off the record and intelligence community saying there was three or four days' notice on this, they should have had. others saying that they knew right away that night it was

not a demonstration. gin, any role that the video may have played, again, if there is any evidence of that, that should come out. i never said, still not saying that video had no role to play but wrong for president to emphasize it so much. to act as if that was the cause. then even two weeks later speaking at the u.n. to still be talking about the video. it gave it a credibility it didn't deserve. it doesn't appear as if there was any much of any intelligence to back it up. could it in the end turn out to have been a factor? sure. but wrong for the president to emphasize it. if anything, excuse, not a reason? do you think candy crowley bailed out the president congressman during the debate? >> yeah, i like candy crowley. when you go back and look at the tape, i was there in the hall. i didn't catch it right away. when you look at the up to of it, the president was pretty much giving up on thish. he said to governor romney move on. go on. he didn't want the pursue the

debate. candy crowley jumps in. tells governor romney that the president was right. it was wrong for her to come in like that. because i think she was wrong. >> geraldo: my final question it was incumbent on the governor to say that, wait a second, mr. president, you allowed ambassador susan rice to get out there five days later and still tell a story that essentially did not jive with what happened fact exactly on the ground? wasn't it governor's responsibility to follow up? >> he should have gone after the president on that. but again, how would it have looked? it comes down to appearance. if he looked like he was getting in a fight with candy crowley and the president. he probably felt it was best to go on to next issue. save that fight for another day. which is monday night. >> geraldo: 17 days to go. how do you like your man's chances? >> district such as mine, people who had voted for president obama high school time voting for romney. that is anecdotal but i see so

much of it and i don't see anyone for mccain now for obama of there is a movement toward romney. >> geraldo: congressman peter king, appreciate it. >> thank you, geraldo. >> geraldo: coming up, with hollywood scrambling to say which studio produces the biggest bio pick of larger than life ana nicole smith, her former lover is here to react to news that the blonde bombshell former manager and the shrink may go to jail for feeding her, her drugs after all. move over obama girl. singing her brand new youtube hit let's get fiscal, paul ryan girl join us after this. "let's get fiscal." my insurance rates e probably gonna double.

but, dad, you've got... [ voice of dennis ] allstate. with accident forgiveness, they guarantee your rates won't go up just because of an accident. smart kid. [ voice of dennis ] indeed. are you in good hands?

♪ ♪ there's nothing left ♪ ♪ the economy ♪ let's get fiscal ♪ fiscal ♪ i want to get fiscal ♪ let's get in to solvency ♪ let me hear reality ♪ reality ♪ reality ♪ let's get fiscal ♪ fiscal ♪ i want to get fiscal ♪ fiscal [ laughter ] >> geraldo: most of us got a kick out of obama girl, especially democrats. now the republicans' turn to sing. joining us live from charlotte, north carolina, paul ryan girl.

meredith walker joins us. meredith, you know he is married. >> hi! >> geraldo: hi! >> thank you for having me on. >> geraldo: so you know, you're not hitting on this married guy, are you? >> i'm sorry, i can't -- no no,, no. i'm not. no, i'm not. i just, i thought it would be fun to poke fun of obama girl and laugh at the other obama videos put out lately. put out one of our own. >> geraldo: are you a real conservative, republican or just an entertainer? tell us. >> no, i'm definitely a real conservative. through and through. his fiscal policy and budget plan, romney and ryan budget plan is something to help our nation come out of the $16 trillion debt we somehow obtained in the last however many years. >> geraldo: you know you do a great olivia newton john. you even had the outfit from the '70s there.

you looked very retro. >> thank you. my voice isn't the one this sounds like hers. that was someone else individualing for me and allowing me to steal her voice. i appreciate the fact she sounds more like olivia newton john. >> geraldo: you had a ghost singer? >> yes. i had a ghost singer. he is gave me permission because i sounded like a child when i recorded it. i wasn't very sexy. >> geraldo: you did -- have you been offered any great acting? any acting gigs as a result? >> i have done some commercials and things like that. and i actually stepped out as the films, the screen and television world since moving out to l.a. strangely enough. but i'm moving back toward it, i think. at least a little bit. more than anything, i'm hoping to actually write books on political discourse and actually put my super practical english degree to use. >> geraldo: terrific.

how do you think conservative like yourself will be treated by show business? >> i have already had someone i think since the video came out coincidently say i couldn't work on a job because they needed to hire more local talent. and i would like to think it didn't have to do with my political sway, but who to s to know? i think show business, there are a solid group of conservatives in it but nobody is willing to stand and step out and say something. >> so do you think paul ryan is sexy? >> i think he's a very attractive man. it's hard for me to say a married man is sexy. i admire him. i love the fact he works out and he stays in shape. i think more than anything, his heart and his mind are what we need in this country. so i think that is sexy. >> geraldo: meredith walker. okay. paul ryan girl. thank you. appreciate you coming on. >> thank you so much for

having me. >> geraldo: justice for anna >> geraldo: justice for anna nicole smith is next. in america tay we're running out of a vital resource we need to compete on the global stage. what we need are people prepared for the careers of our new economy. by 2025 we could have 20 million jobs without enough college graduates to fill them. that's why at devry university, we're teaming up with companies like cisco to help make sure everyone is ready with the know-how we need for a new tomorrow. [ male announcer ] make sure america's ready. make sure you're ready. at devry.edu/knowhow. ♪

>> if i ever record an a an alb, i want this guy to produce mine. >> i was on prescription pain medication. and i was taking too much. >> finally doomed. when anna nicole smith overdosed in 2007, america's favorite blonde bombshell was just 39 years old. >> did you ever see howard kay stern give drugs to anna nicole? >> one instance was christmas. she was in the kitchen carrying on, having a conversation, laughing giggling with the rest of us

and howard came by and gave her a few pools. pushed them in her mouth without her having to answer cho look. she swallowed them. >> suspicion on the puppet master, manager and boyfriend howard k. stern. >> the first day i met howard, i knew he was shady. sneaky, conniving. a snake. >> jerry brown looked to the doctors. >> the dockers to prescribing drugs, excessively. to a known addict. using false and fictitious names. all in violation of the law. >> all three, are charged with conspiring to prescribe controlled substances to an addict. the most damning evidence so far, anna's bodyguard. >> did you bigmo with your own eyes see anna nicole ingest mickey fin, chugging it way people drink

gatorade.? >> i did. >> you saw it with your own eyes? >> yes. >> did you testify and do you now assert that you walked in on howard stern with a spoon, with something in it and him burning it way junkies do when they heat up heroin or other -- did you see howard stern doing that? >> i did. >> what happened with the drug? how what did he do with the drug after that? >> pulled it in with a needm and syringe. >> prosecutors put in evidence passage from the personal journal of the doctor. he writes i gave her methadone and valium. can she ruin me? maybe doc, but the rampant yute is no surprise. >> i have seen the usage of dem roll, percocet, shall i go on? >> the accused claim innocence. helping a center health following pain and degree presentation following the death of her son.

>> did you see howard k. stern and chris tiena shooting up anna nicole smith with narcotics? >> i can say that i saw them shooting her up. i can't say for sure -- what was in it? >> what was in it. >> it wasn't gatorade. that was 2010. when a jury convicted stern and the psychiatrist. they acquited that doctor capur but con terrificed stern and psychiatrist providing the anna nicole the drugs to kill her. the judge in kate threw the conviction out. unusual decision by the judge. the attorney general now the governor appealed and appellate court thursday reinstated the conviction. what means the pair could face jail time. how does anna former lover feel about that?

he joins us. judge if priest case on the phone with us. mark, you first. what is your reaction to this? >> i was very pleased to hear the news that the higher court, appellate court indeed reversed the judge's decision. and hopefully judge perry will take this matter more serious. and be fairer with the sentencing this time around. you know an n nicole smith is dead. she is famous and she is missed by her fans but that is human being. magnitude of the situation. it's not like howard gave anna a couple of pills one day when she ran out. he happened to have the same prescription. we are talking about a pattern that went on for years. and years. i believe he should be punished for what he did. i believe it should be prison time. i believe he should have felonies, couple felonies now. should be disbarred.

make an example out of him. >> mark you stand by. judge larry on the phone. judge, sorry you're not here with us. what do you think is the most likely outcome now that the conviction of dr. rosevich and howard k. stern reinstated. what do you think will happen now? >> the prosecutor should ask for a new judge. this is so unusual. he did, the jury comes back with a guilty on two felonies for both him and the doctor. decides the judgment not withstanding the verdict by the jury, easy to dismiss the two felonies. the jury spent two weeks deciding the fate of stern and he dismisses the charges. if prosecutor should be saying

i want a new judge. someone not prejudiced here. >> geraldo: legally speaking, judge, do you think the prosecution, attorney general office in this case, legally have the understanding to ask but the grounds to prevail on getting the judge recused? >> i feel they have a good shot at it. but to answer your question directly, what is going to happen when it goes back to the industrial judge, judge perry? judge perry could reduce felony charges, misdemeanors. if he doesn't do that on felonies he could impose probation. on both howard k. stern and doctor. those two felonies. or he can stense them to a very short period of time in jail. >> geraldo: he could also just dismiss the case on the other legal grounds, can he not? >> i think he is going to have a hard time dismissing them. the appellate court said to

him no. there is evidence here. jury found them both guilty. you must impose sentence now. >> mark, what would make you happy? how much? >> how much time -- >> how much time? yep. >> midterm is appropriate. howard could not negotiate a plea bargain with a great attorney. that even came close to what judge perry handed him down. after going to trial. when somebody goes to trial and exhausts the taxpayer money and spends, that was expensive trialism'd say millions of dollars. a fair sentence for howard would be, may be three years in the department of corrections. >> geraldo: i'll take one. six months. i got to go. thank you. judge thank you. that is it for us, folks.

welcome to "red eye." i'm greg gutfeld on are as i am known in bermuda, the pier one peeper. andy, what is coming up on tonight's show? >> our top story tonight, binders jeremy candy. somehow it sums up tuesday night's debate. and what happens when we sented bill schulz out on the street to find out what they thought of tuesday night's debate. hopefully they rip out his throat with a blunt, rusty knife. and 74 of our peabody series why president obama should b